California Worker Freedom from Employer Intimidation Act: SB 399

Understanding SB 399

Effective January 1, 2025, California’s SB 399, known as the “California Worker Freedom from Employer Intimidation Act,” will prohibit employers from requiring employees to attend “captive audience meetings.” These are employer-sponsored gatherings where employers express their views on religious or political matters, including union representation. With this legislation, California becomes the 10th state to ban such meetings, joining states like Connecticut, New York, and Oregon.

Key Changes

1. Prohibition on Captive Audience Meetings:
   Employers may no longer mandate employee attendance at meetings about:

   • Political Matters: Broadly defined to include elections, political parties, legislation, regulations, and union-related topics.
   • Religious Matters: Encompassing religious affiliations, practices, and decisions to join or support religious organizations.

2. Protection Against Retaliation:
   Employers are prohibited from retaliating against employees who decline to attend such meetings or participate in related communications.

3. Employee Enforcement Options:
   Employees may file:

   • A complaint with the California Division of Labor Standards Enforcement.
   • A civil lawsuit seeking damages, punitive damages, or injunctive relief.

Employer Challenges to SB 399

While the law is set to take effect in 2025, legal challenges are anticipated on several grounds:

• First Amendment: Critics argue the law infringes on employers' free speech rights.
• Preemption by NLRA: Opponents claim SB 399 conflicts with Section 8(c) of the National Labor Relations Act (NLRA), which allows employers to communicate views on unionization, provided there are no threats or promises.
• Vagueness: Critics argue the law’s broad language could create compliance challenges and limit legitimate employer communication.

HR Best Practice Recommendations

1. Review Workplace Communication Policies:
   Evaluate existing policies on political, religious, and union-related communications to ensure compliance with SB 399.

2. Voluntary Attendance:
   Consider making attendance at meetings discussing political, religious, or union-related topics voluntary to align with the new requirements.

3. Educate Supervisors and Managers:
   Train leadership on appropriate communication practices, including how to handle employee questions about political or union-related matters without violating the law.

4. Consult Legal Counsel:
   Work with legal professionals to understand the implications of SB 399 and prepare for potential challenges, ensuring your workplace remains compliant.

Closing Remarks

SB 399 marks a significant shift in California employment law, emphasizing employees' rights to freedom from employer-imposed viewpoints on political and religious matters. For employers, the law requires thoughtful adjustments to communication practices and careful navigation of evolving legal standards.

Prepare for SB 399 Compliance

Ensure your workplace policies are up to date and aligned with SB 399. Employer’s Guardian can help your organization navigate these changes, mitigate risks, and maintain a legally compliant workplace. Contact us today to learn more.